Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698928342649.pdf (Micronesia, Federated States of)
TWENTY-FIRST CONGRESS OF THE FEDERATED STATES OF MICRONESIA FIRST REGULAR SESSION, 2019 CONGRESSIONAL BILL NO.

21-03, C.D.1 P.C.

NO.

21-69 PUBLIC LAW NO.

21-19 AN ACT To provide for the selection of delegates and procedures for the Constitutional Convention approved in the referendum of March 2019, and for other purposes.

BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA: 1 Section 1.

Constitutional Convention.


There is hereby 2 created a Constitutional Convention (the “Convention”) in and 3 for the Federated States of Micronesia.

The Convention shall be 4 known as "The Fourth Constitutional Convention of the Federated 5 States of Micronesia".

6 Section 2.

Delegates.

The Convention shall consist of 7 four delegations composed of one delegation from each of the 8 four states of the Federated States of Micronesia.
Each 9 delegation shall consist of one at-large seat and two seats per 10 election district.

11 (1) Composition of Delegations.

The delegates, all of 12 whom shall be citizens of the Federated States of Micronesia, 13 shall be selected as follows: 14 (a) There shall be eleven (11) delegates elected 15 from existing congressional districts from Chuuk State.

16 (b) There shall be seven (7) delegates elected from 17 existing congressional districts from Pohnpei State.
18 (c) There shall be three (3) delegates elected from 19 the congressional district from Yap State.

CBL 21-02 P.C.

NO.

21-69 PUBLIC LAW NO.

21-19 CONGRESSIONAL BILL NO.

21-03, C.D.1 1 (d) There shall be three (3) delegates elected from 2 the congressional district from Kosrae State.

3 (2) Eligibility.
Unless otherwise excluded by law, a 4 person shall be eligible for election as a delegate from the 5 representative state if the person: 6 (a) is a citizen who is twenty-five (25) years of 7 age or older; and 8 (b) has fulfilled the residency requirements set 9 forth in title 9 of the Code of the Federated States of 10 Micronesia (Annotated) for registration as a voter in the 11 representative state or in the case of district candidates, in 12 the representative district; and 13 (c) is not currently under a judgment of mental 14 incompetency or insanity, or under parole, probation, or a 15 sentence for any felony for which he has been convicted by any 16 court.
17 18 19 (3) All delegates shall be voting members.

Section 3.

Elections.

(1) Except as otherwise provided in this act, election 20 of delegates shall be held in accordance with title 9 of the 21 Code of the Federated States of Micronesia (Annotated).

22 (2) The election of delegates shall be held during a 23 special election on the first Tuesday after the first Monday in 24 November, 2019.

25 (3) Each person voting for delegates shall be permitted 2 of 10 P.C.

NO.

21-69 PUBLIC LAW NO.


21-19 CONGRESSIONAL BILL NO.

21-03, C.D.1 1 to vote for one at-large seat and one district delegate.

The 2 candidate receiving the highest number of votes for a district 3 seat shall be the delegate to the Convention from the 4 representative district.
5 (4) The Convention shall be the sole judge of the 6 elections, returns, and qualifications of its members; 7 PROVIDED, HOWEVER, that in case of a tie vote in the election, 8 the winner shall be determined, if necessary, in a run-off 9 election between the candidates so tied.

Run-off elections 10 shall occur no later than thirty days after the results of the 11 general delegate election have been announced.

12 Section 4.

Vacancies.


Vacancies in any state’s 13 convention delegation shall be filled by the relevant candidate 14 receiving the next highest number of votes in the state’s 15 delegate election.

In the event of a tie between two or more 16 candidates for the next highest number of votes, the vacancy 17 shall be filled by appointment by the Governor from among the 18 tied candidates.
Any vacancy of a delegate who was unopposed 19 in the delegate election shall be filled by appointment by the 20 Governor.

21 22 Section 5.

Pre-Convention Committee.

(1) There shall be a Pre-Convention Committee which 23 shall consist of two members from each state’s convention 24 delegation who are selected by a majority vote of that state’s 25 convention delegation.

Such selection shall be made no later 3 of 10 P.C.

NO.

21-69 PUBLIC LAW NO.

21-19 CONGRESSIONAL BILL NO.


21-03, C.D.1 1 than November 19, 2019, in writing by the state’s delegation to 2 the President of the Federated States of Micronesia.

3 (2) The Pre-Convention Committee shall be convened on 4 the first Tuesday after the first Monday in December, 2019, at 5 the call of the Speaker of the Congress of the Federated States 6 of Micronesia, and shall choose its own officers and organize 7 according to its own rules and procedures.
8 (3) The duties of the Pre-Convention Committee shall be 9 as follows: 10 (a) to make arrangements for accommodations, 11 equipment and facilities; PROVIDED, HOWEVER, that the 12 Pre-Convention Committee shall, whenever possible, arrange to 13 utilize National Government equipment and facilities; 14 15 (b) to make arrangements for staff; (c) to prepare a budget for the Constitutional 16 Convention to be submitted to Congress in the regular or 17 special session of Congress next following; 18 (d) to confer with the various state delegations 19 to identify those issues that each delegation wishes to raise 20 at the Convention; 21 (e) to commission any research that it feels 22 should be performed on issues identified by the state 23 delegations prior to the convening of the Convention; 24 25 (f) to prepare proposed rules and procedures; and (g) to perform other functions not otherwise 4 of 10 P.C.
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21-03, C.D.1 1 reserved to the Convention which will assure a successful and 2 orderly Convention.

3 (4) Members of the Pre-Convention Committee shall be 4 entitled to per diem and travel expenses at standard rates, as 5 provided by the Financial Management Regulations of the 6 National Government of the Federated States of Micronesia, 7 while on the business of the Committee.
8 (5) Staff assistance for the Pre-Convention Committee 9 shall be provided as needed through the National Government of 10 the Federated States of Micronesia.

11 (6) The Pre-Convention Committee shall complete its 12 work in no more than fifteen calendar days.

13 14 Section 6.

Procedures.


(1) The Constitutional Convention shall be convened on 15 the first Tuesday after the first Monday in January, 2020, and 16 the Constitutional Convention shall continue in session for no 17 longer than thirty calendar days; PROVIDED, HOWEVER, that the 18 Convention may: 19 20 (a) call recesses; and (b) extend the session, if necessary, for up to a 21 total of forty-five calendar days.
22 (2) The President of the Federated States of 23 Micronesia, or their designee, shall act as President of the 24 Convention until the Convention selects a President from among 25 its membership.

5 of 10 P.C.

NO.

21-69 PUBLIC LAW NO.

21-19 CONGRESSIONAL BILL NO.

21-03, C.D.1 1 (3) The Convention shall select, from among its 2 membership, a President and such additional officers as it may 3 deem necessary and appropriate.
4 (4) The Convention shall adopt its own rules and 5 procedures not inconsistent with this act.

All sessions of the 6 Convention shall be open to the public.

7 (5) A quorum of the Convention shall consist of all of 8 the four state delegations.

For the purpose of determining a 9 quorum, a state delegation is not present unless more than 10 one-half of the delegates from that state are present.

11 12 Section 7.

Powers of Convention.

(1) Subpoena Powers.


The President of the 13 Constitutional Convention, or the Chairman of any duly 14 established committee thereof, shall have the power and 15 authority to issue subpoenas requiring the attendance of 16 witnesses or the production of books, documents or other 17 evidence, in any matter related to the purpose of the 18 Constitutional Convention.
Any subpoena or other process 19 issued under the authority of the Convention shall be issued in 20 the name of the Federated States of Micronesia and shall be 21 addressed to any police officer of the Federated States of 22 Micronesia or of any state.

Such subpoena or other process 23 shall be signed by the President of the Convention, shall 24 contain a reference to this section, and shall set forth in 25 general terms the matter or questions with reference to which 6 of 10 P.C.

NO.
NO.

21-69 PUBLIC LAW NO.

21-19 CONGRESSIONAL BILL NO.

21-03, C.D.1 1 such testimony or other evidence is to be taken.

Any officer 2 to whom the process described in this subsection is directed, 3 if within their jurisdiction, shall forthwith serve or execute 4 the same, without charge or compensation; PROVIDED, HOWEVER, 5 that any officer serving or executing such subpoena or process 6 shall be compensated for their actual expenses, if any, in 7 connection therewith.

8 (2) Oaths and Affirmations.


The President of the 9 Convention or the Chairman of any duly established committee 10 thereof may administer oaths to witnesses in any matter under 11 the examination of the Convention.
Every person who, summoned 12 as a witness by the Convention to give testimony or to produce 13 papers upon any matter under inquiry before the Convention, 14 refuses to make oath or affirmation, or to answer any question 15 or inquiry, shall be guilty of contempt of the Constitutional 16 Convention and, upon conviction thereof, shall be fined not 17 more than $1,000 or imprisoned for not more than one year, or 18 both.
Whenever a person violates any of the provisions of this 19 subsection, the President of the Convention shall certify a 20 statement of such facts to the Secretary of the Department of 21 Justice who shall prosecute the offender in the Supreme Court 22 of the Federated States of Micronesia.

23 (3) The officers and employees of the Federated States 24 of Micronesia shall cooperate with the Convention, furnishing 25 such information as may be called for in connection with 7 of 10 P.C.

NO.
NO.

21-69 PUBLIC LAW NO.

21-19 CONGRESSIONAL BILL NO.

21-03, C.D.1 1 research activities of the Convention.

2 (4) No delegate to the Convention shall be held to 3 answer before any tribunal, other than the Convention, for any 4 speech or debate in the Convention, and the delegates shall in 5 all cases, except treason, felony, or breach of the peace, be 6 privileged from arrest while on the business of or in 7 attendance at the Convention, and in going to and from the 8 same.

9 10 Section 8.
9 10 Section 8.

Duties of the Convention.


(1) The Convention shall propose amendments to the 11 Constitution to be placed on a ballot for a referendum to be 12 held in March 2021, or during a special election called for 13 that purpose on an earlier date; PROVIDED, HOWEVER, that in the 14 event that an amendment would effect the general election, the 15 amendment or amendments shall be voted on in a special 16 referendum called by the President of the Federated States of 17 Micronesia for December of 2020.
18 (2) Proposed amendments to the Constitution shall be in 19 the format set forth in the Constitutional Amendment Procedure 20 Act, title 1, section 703 of the Code of the Federated States 21 of Micronesia (Annotated), as amended, and any regulations 22 issued pursuant thereto.

23 (3) When said amendments have been proposed by the 24 Convention, the Convention shall notify the President of the 25 Federated States of Micronesia, who shall transmit a copy of 8 of 10 P.C.

NO.

21-69 PUBLIC LAW NO.


21-19 CONGRESSIONAL BILL NO.

21-03, C.D.1 1 the amendments to the Congress of the Federated States of 2 Micronesia, and shall call a referendum as provided by title 1, 3 chapter 7 of the Code of the Federated States of Micronesia 4 (Anotated), as amended.

5 6 Section 9.

Expenses of delegates and staff.


(1) All delegates and staff of the Convention shall be 7 entitled to per diem and travel expenses at standard rates, as 8 provided by the Financial Management Regulations of the 9 National Government of the Federated States of Micronesia, 10 while on the business of the Convention.
11 (2) Any delegate who is an official or employee of the 12 National Government of the Federated States of Micronesia shall 13 be placed on administrative leave with pay and shall be 14 entitled to receive their regular salary during their service 15 as delegate.

16 of 10 P.C.

NO.

21-69 PUBLIC LAW NO.

21-19 CONGRESSIONAL BILL NO.

21-03, C.D.1 1 Section 10.


This act shall become law upon approval by 2 the President of the Federated States of Micronesia or upon its 3 becoming law without such approval.

4 August 7, 2019 /s/ David W. Panuelo David W. Panuelo President Federated States of Micronesia 10 of 10